South Carolina General Assembly
120th Session, 2013-2014
Journal of the House of Representatives

Monday, March 11, 2013
(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 1:00 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Micah 6:8: "He has told you, O mortal, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?"
Let us pray. Almighty God, bless these Representatives and staff as they begin the budget process. Give them strength, courage, wisdom, mercy, and integrity during these days. Help them to keep sound minds and an open heart in these proceedings. Bless our Nation, President, State, Governor, Speaker, staff, and this Assembly. Protect our defenders of freedom, at home and abroad, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HORNE moved that when the House adjourns, it adjourn in memory of Belinda Anderson Hill of Ridgeville, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3061 (Word version) -- Reps. McCoy, M. S. McLeod, Stavrinakis and Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-95 SO AS TO REQUIRE THE DEPARTMENT OF EDUCATION TO DEVELOP AND DISTRIBUTE MODEL POLICIES CONCERNING THE NATURE AND RISK OF CONCUSSIONS SUSTAINED BY STUDENT ATHLETES, TO REQUIRE EACH LOCAL SCHOOL DISTRICT TO DEVELOP ITS OWN POLICY, TO REQUIRE THE REVIEW OF THE POLICY BY STUDENT ATHLETES AND THEIR PARENTS OR GUARDIANS, TO REQUIRE THE REMOVAL FROM PLAY AND MEDICAL EVALUATION OF A STUDENT ATHLETE BELIEVED TO HAVE SUSTAINED A CONCUSSION DURING PLAY, TO ALLOW FOR THE EVALUATION TO BE UNDERTAKEN BY A VOLUNTEER HEALTH CARE PROVIDER, AND TO PROVIDE THAT LOCAL SCHOOL DISTRICTS ARE NOT REQUIRED TO ENFORCE THE PROVISIONS OF THIS SECTION.
Ordered for consideration tomorrow.

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3086 (Word version) -- Reps. Daning, J. E. Smith, Crosby, R. L. Brown, M. S. McLeod, Taylor, J. R. Smith, Wells and Hixon: A BILL TO AMEND SECTION 59-112-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IN-STATE TUITION RATES FOR MILITARY PERSONNEL AND THEIR DEPENDENTS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE CRITERIA UNDER WHICH VETERANS WHO ARE HONORABLY DISCHARGED AND THEIR DEPENDENTS MAY RECEIVE IN-STATE TUITION RATES.
Ordered for consideration tomorrow.

Rep. OWENS, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 3091 (Word version) -- Reps. Henderson, Huggins and Ballentine: A BILL TO AMEND SECTION 33-56-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARENT-TEACHER ASSOCIATIONS AND LOCAL CHAMBERS OF COMMERCE BEING EXEMPT FROM THE PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT UNDER CERTAIN CONDITIONS, SO AS TO PROVIDE THAT THESE PROVISIONS ALSO DO NOT APPLY TO AN ATHLETIC, BAND, OR OTHER EXTRACURRICULAR ACTIVITY BOOSTER CLUB OR ORGANIZATION AFFILIATED WITH A K-12 SCHOOL IF THE ORGANIZATION IS A 501(c)(3) TAX-EXEMPT ENTITY PROPERTY FILING ALL FEDERAL AND STATE REPORTING FORMS REQUIRED OF THESE ORGANIZATIONS, INCLUDING FORM 990.
Ordered for consideration tomorrow.

S. 504 (Word version) -- Senators Fair, Hutto and Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE THAT ABUSE AND NEGLECT OF CHILDREN IS A SIGNIFICANT PROBLEM AND TO DECLARE TUESDAY, APRIL 9, 2013, AS "CHILDREN'S ADVOCACY DAY" IN SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3796 (Word version) -- Rep. Pitts: A BILL TO AMEND SECTION 6-1-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES IMPOSED BY POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT WHEN A GOVERNING BODY OF A POLITICAL SUBDIVISION IMPOSES A SCHEDULE OF ROAD FEES ON MOTOR VEHICLES REGISTERED IN THE COUNTY BASED ON VEHICLE CLASS, THE LOWEST FEE IN THE SCHEDULE MUST APPLY TO ALL MOTOR VEHICLES SUBJECT TO THE STATE BIENNIAL REGISTRATION FEE FOR PRIVATE PASSENGER MOTOR VEHICLES IMPOSED PURSUANT TO SECTION 56-3-620; AND TO AMEND SECTION 56-3-630, AS AMENDED, RELATING TO THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLES FOR PURPOSES OF MOTOR VEHICLE LICENSING AND REGISTRATION BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT A TRUCK INCLUDED IN THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLE, WHICH IS NOT USED IN A TRADE OR BUSINESS, MAY BE REGISTERED UPON PAYMENT OF THE BIENNIAL REGISTRATION FEES PROVIDED PURSUANT TO SECTION 56-3-620.
Referred to Committee on Education and Public Works

H. 3797 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-165 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE MAY DECLARE A CAPTIVE INSURANCE COMPANY INACTIVE IN CERTAIN CIRCUMSTANCES AND THAT THE DIRECTOR MAY MODIFY THE MINIMUM TAX PREMIUM APPLICABLE TO THE COMPANY DURING INACTIVITY; BY ADDING SECTION 38-90-215 SO AS TO PROVIDE A PROTECTED CELL MAY BE EITHER INCORPORATED OR UNINCORPORATED, AND TO PROVIDE REQUIREMENTS FOR EACH; BY ADDING SECTION 38-90-250 SO AS TO PROVIDE THE DEPARTMENT MUST CONSIDER A LICENSED CAPTIVE INSURANCE COMPANY THAT MEETS THE REQUIREMENTS OF AN INSURER FOR ISSUANCE OF A CERTIFICATE OF AUTHORITY TO ACT AS AN INSURER; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE ADDITIONAL TERMS AND REVISE DEFINITIONS OF CERTAIN EXISTING TERMS; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO THE DOCUMENTATION REQUIRED FOR LICENSING CAPTIVE INSURANCE COMPANIES, SO AS TO REMOVE THE REQUIREMENT OF A CERTIFICATE OF GENERAL GOOD ISSUED BY THE DIRECTOR; TO AMEND SECTION 38-90-35, RELATING TO THE CONFIDENTIALITY OF INFORMATION CONCERNING CAPTIVE INSURANCE COMPANIES SUBMITTED TO THE DEPARTMENT OF INSURANCE, SO AS TO REVISE REQUIREMENTS FOR MAKING THE INFORMATION SUBJECT TO DISCOVERY IN A CIVIL ACTION; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO CAPITALIZATION REQUIREMENTS, SECURITY REQUIREMENTS, AND RESTRICTIONS ON DIVIDEND PAYMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO REVISE THE FORM OF CAPITAL REQUIRED FOR A CAPTIVE INSURANCE COMPANY THAT IS NOT A SPONSORED CAPTIVE INSURANCE COMPANY THAT ASSUMES RISK, AND TO REVISE REQUIREMENTS FOR CONTRIBUTIONS TO A CAPTIVE INSURANCE COMPANY INCORPORATED AS A NONPROFIT, AMONG OTHER THINGS; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO FREE SURPLUS REQUIREMENTS OF A CAPTIVE INSURANCE COMPANY, SO AS TO REVISE THE FORM OF CAPITAL REQUIRED FOR A CAPTIVE INSURANCE COMPANY THAT IS NOT A SPONSORED CAPTIVE INSURANCE COMPANY THAT ASSUMES RISK; TO AMEND SECTION 38-90-55, AS AMENDED, RELATING TO THE INCORPORATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO DELETE PROVISIONS CONCERNING THE MINIMUM NUMBER AND STATUS OF INCORPORATORS, PREREQUISITES TO TRANSMITTING ARTICLES OF INCORPORATION TO THE SECRETARY OF STATE, AND THE ISSUANCE OF CAPITAL STOCK AT PAR VALUE; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO REVISE THE AVAILABLE OPTIONS; TO AMEND SECTION 38-90-80, AS AMENDED, RELATING TO INSPECTIONS AND EXAMINATIONS OF CAPTIVE INSURANCE COMPANIES BY THE DEPARTMENT, SO AS TO DELETE REFERENCES TO PURE CAPTIVE INSURANCE COMPANIES AND SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-90, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A CAPTIVE INSURANCE LICENSE, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO THE LOANS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A SPONSORED CAPTIVE INSURANCE COMPANY MAY MAKE LOANS TO ITS PARENT COMPANY IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 38-90-130, AS AMENDED, RELATING THE PROHIBITION AGAINST PARTICIPATION IN PLAN, POOL, ASSOCIATION, GUARANTY, OR INSOLVENCY FUNDS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE CAPTIVE INSURANCE COMPANIES, INCLUDING PURE CAPTIVE INSURANCE COMPANIES, MAY PARTICIPATE IN A POOL FOR THE PURPOSE OF COMMERCIAL RISK SHARING, AMONG OTHER THINGS; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF CERTAIN PROVISIONS RELATING TO INSURANCE, SO AS TO PROVIDE REQUIREMENTS FOR THE NAME OF NEW CAPTIVE INSURANCE COMPANIES, TO PROVIDE CIRCUMSTANCES IN WHICH A SPONSORED CAPTIVE INSURANCE COMPANY MAY ESTABLISH PROTECTED CELLS, INCLUDING REQUIREMENTS FOR A PLAN OF OPERATION, THE ATTRIBUTIONS OF ASSETS AND LIABILITIES BETWEEN A PROTECTED CELL AND THE GENERAL ACCOUNT OF THE SPONSORED CAPTIVE INSURANCE COMPANY, AND ADMINISTRATIVE AND ACCOUNTING PROCEDURES; TO AMEND SECTION 38-90-210, RELATING TO THE SEPARATE ACCOUNTING OF PROTECTED CELLS WHEN ESTABLISHED, SO AS TO REQUIRE THIS ACCOUNTING MUST REFLECT THE PARTICIPANTS OF THE PROTECTED CELL IN ADDITION TO EXISTING REQUIREMENTS; TO AMEND SECTION 38-90-220, AS AMENDED, RELATING TO CERTAIN REQUIREMENTS APPLICABLE TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 38-90-230, AS AMENDED, RELATING TO PARTICIPANTS IN SPONSORED CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT PROTECTED CELLS ASSETS ARE ONLY AVAILABLE TO CREDITORS OF THE SPONSORED CAPTIVE INSURANCE COMPANY AND RELATED REQUIREMENTS, AND TO PROVIDE REQUIREMENTS CONCERNING OBLIGATIONS OF SPONSORED CAPTIVE INSURANCE COMPANIES WITH RESPECT TO PROTECTED CELLS AND ITS GENERAL ACCOUNT; TO AMEND SECTION 38-90-240, RELATING TO THE ELIGIBILITY OF A LICENSED CAPTIVE INSURANCE COMPANY FOR CERTIFICATE OF AUTHORITY TO ACT AS INSURER, SO AS TO DELETE THE EXISTING LANGUAGE AND TO PROVIDE FOR WHO MAY PARTICIPATE IN A SPONSORED CAPTIVE INSURANCE COMPANY AND OBLIGATIONS OF THESE PARTICIPANTS, AND TO PROVIDE SPONSORED CAPTIVE INSURANCE COMPANIES MAY NOT BE USED TO FACILITATE INSURANCE SECURITIZATION TRANSACTIONS; TO AMEND SECTION 38-90-450, AS AMENDED, RELATING TO ORGANIZATION REQUIREMENTS FOR SPECIAL PURPOSE FINANCIAL CAPTIVES, SO AS TO DELETE PROVISIONS CONCERNING THE MINIMUM NUMBER AND STATUS OF INCORPORATORS, AND PREREQUISITES TO TRANSMITTING ARTICLES OF INCORPORATION TO THE SECRETARY OF STATE; AND TO REPEAL SECTION 38-90-235 RELATING TO TERMS AND CONDITIONS FOR PROTECTED CELL INSURANCE COMPANIES TO APPLY TO SPONSORED CAPTIVE INSURANCE COMPANIES.
Referred to Committee on Labor, Commerce and Industry

S. 294 (Word version) -- Senators Cleary and Ford: A BILL TO AMEND SECTION 6-4-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPENDITURE OF LOCAL ACCOMMODATION TAX REVENUES, SO AS TO CLARIFY THAT IN CERTAIN SITUATIONS, FUNDS MAY BE USED FOR BEACH RENOURISHMENT, AND TO ALLOW A MUNICIPALITY OR COUNTY, IN CERTAIN SITUATIONS, UPON A TWO-THIRDS VOTE OF THE MEMBERSHIP OF THE LOCAL GOVERNING BODY, TO HOLD THE FUNDS FOR MORE THAN TWO YEARS IF THE FUNDS ARE DESIGNATED FOR THE CONTROL AND REPAIR OF WATERFRONT EROSION, INCLUDING BEACH RENOURISHMENT.
Referred to Committee on Ways and Means

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

The SPEAKER granted Rep. THAYER a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. STRINGER a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. EDGE a temporary leave of absence.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

H. 3710 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2013, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

Reps. BINGHAM, ALLISON, ANTHONY and HAYES proposed the following Amendment No. 11 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\004\etv federal authorization.docx), which was adopted:
Amend the bill, as and if amended, Part IA, Section 8, EDUCATIONAL TELEVISION COMMISSION, page 29, line 15, opposite /Other Operating Expenses/ by increasing the amount(s) in Column 3 by:

Rep. G. R. SMITH proposed the following Amendment No. 23 to H. 3710 (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\010\SGC - CLEMSON.DOCX), which was tabled:
Amend the bill, as and if amended, Part IA, Section 14, CLEMSON UNIVERSITY (EDUCATION & GENERAL), page 37, after line 18, by inserting a new line to read:
Column 3 Column 4
Sea Grant Consortium

Rep. LIMEHOUSE proposed the following Amendment No. 20 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\009\college of charleston fte additions.docx), which was adopted:
Amend the bill, as and if amended, Part IA, Section 15, UNIVERSITY OF CHARLESTON, page 40, immediately after line 6, by inserting new lines to read:

Column 3 Column 4
New Positions:
Administrative Assistant

(5.00) (.00)
Administrative Coord I

(1.00) (.00)
Student Srvc Pgm Coord I

(6.00) (.00)
Info Resource Consultant II

(4.00) (.00)
Accountant/ Fiscal Analyst I

(1.00) (.00)
Database Administrator II

(2.00) (.00)
Systems Programmer I

(2.00) (.00)
Applications Analyst II

(1.00) (.00)
Public Info Director I

(1.00) (.00)
Amend the bill further, as and if amended, Section 15, UNIVERSITY OF CHARLESTON, page 40, immediately after line 8, by inserting new lines to read:

I was temporarily out of the Chamber on constituent business during the votes on Sections 1 through 18 of H. 3710, the General Appropriation Bill. If I had been present, I would have voted in favor of Sections 3, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, and 18.

Rep. Barfield proposed the following Amendment No. 18 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\009\usc palmetpoison non-recurring.docx), which was adopted:
Amend the bill, as and if amended, Part IA, Section 20a, UNIVERSITY OF SOUTH CAROLINA, page 59, line 30, opposite /Poison Center/ by increasing the amount(s) in Columns 3 and 4 by:

I was temporarily out of the Chamber, conferring with the Governor's office regarding an upcoming budget amendment, and missed the vote on H. 3710, Section 20G. If I had been present, I would have voted in favor of Section 20G.

I was temporarily out of the Chamber on constituent business during the votes on Sections 23-32 and Section 35 of H. 3710, the General Appropriation Bill. If I had been present, I would have voted in favor of Sections 23, 24, 25, 26, 27, 28, 29, 32 and 35.

Rep. LIMEHOUSE proposed the following Amendment No. 19 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\009\patriots point other funds auth.docx), which was adopted:
Amend the bill, as and if amended, Part IA, Section 52, PATRIOTS POINT DEVELOPMENT AUTHORITY, page 178, line 05, opposite /Classified Positions/ by increasing the amount(s) in Column 3 by:

Column 3 Column 4

238,000
Amend the bill further, as and if amended, Section 52, PATRIOTS POINT DEVELOPMENT AUTHORITY, page 178, line 14, opposite /Other Operating Expenses/ by increasing the amount(s) in Column 3 by:

Column 3 Column 4

1,250,000
Amend the bill further, as and if amended, Section 52, PATRIOTS POINT DEVELOPMENT AUTHORITY, page 178, line 21, opposite /Employer Contributions/ by increasing the amount(s) in Column 3 by:

Rep. HOSEY proposed the following Amendment No. 40 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\001\barnwell court house.docx), which was adopted:
Amend the bill, as and if amended, Part IA, Section 57, JUDICIAL DEPARTMENT, page 185, immediately after line 19, by inserting new lines to read:

Rep. PITTS proposed the following Amendment No. 7 to H. 3710 (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\005\CID REDISTRIBUTION OF PAY INCREASE.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 61, COMMISSION ON INDIGENT DEFENSE, page 191, line 25, opposite /Classified Positions/ by decreasing the amount(s) in Columns 3 and 4 by:

Column 3 Column 4

131,534 131,534
Amend the bill further, as and if amended, Section 61, COMMISSION ON INDIGENT DEFENSE, page 191, line 38, opposite /Circuit Public Defenders/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3 Column 4

62,550 62,550
Amend the bill further, as and if amended, Section 61, COMMISSION ON INDIGENT DEFENSE, page 192, line 1, opposite /Unclassified Positions/ by increasing the amount(s) in Columns 3 and 4 by:

Column 3 Column 4

11,825 11,825
Amend the bill further, as and if amended, Section 61, COMMISSION ON INDIGENT DEFENSE, page 192, line 31, opposite /Employer Contributions/ by increasing the amount(s) in Columns 3 and 4 by:

I was temporarily out of the Chamber, meeting with the Dept. of Health and Human Services concerning non-emergency transportation and missed the votes on Sections 59, 62, and 63 of H. 3710, the General Appropriation Bill. If I had been present, I would have voted in favor of those sections.

Rep. Dennis Moss

SECTION 64--AMENDED AND ADOPTED

Reps. BINGHAM, ALLISON, ANTHONY and HAYES proposed the following Amendment No. 5 to H 3710 (Doc Name h:\legwork\house\amend\h-wm\004\emergency backbone funding. docx), which was adopted:
Amend the bill, as and if amended, Part IA, Section 64, LAW ENFORCEMENT TRAINING COUNCIL, page 205, line 13, opposite /ETV-State & Local Training of Law Enforcem/ by decreasing the amount(s) in Columns 3 and 4 by:

Reps. BINGHAM, ALLISON, ANTHONY and HAYES proposed the following Amendment No. 4 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\004\emergency backbone funding - b&cb.docx), which was adopted:
Amend the bill, as and if amended, Part IA, Section 101, BUDGET AND CONTROL BOARD, page 305, immediately after line 17, by inserting a new line to read:

I was temporarily out of the Chamber on constituent business during the vote on Section 103 of H. 3710, the General Appropriation Bill. If I had been present, I would have voted in favor of Section 103.

I was temporarily out of the Chamber on constituent business during the vote on Section 1, Dept. of Education, of H. 3710, the General Appropriation Bill. If I had been present, I would have voted in favor of Section 1.

Rep. Bill Chumley

SECTION 4--AMENDED AND ADOPTED

Reps. BINGHAM, ALLISON, ANTHONY and HAYES proposed the following Amendment No. 12 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\004\eoc recapitulation .docx), which was adopted:
Amend the bill, as and if amended, Part IA, Section 4, EDUCATION OVERSIGHT COMMITTEE, page 16, line 11, opposite /Other Operating Expenses/ by decreasing the amount(s) in Column 3 by:

Reps. VICK and HARDWICK proposed the following Amendment No. 57 to H. 3710 (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\001\DEW RURAL CENTERS 1.5M.DOCX), which was adopted:
Amend the bill, as and if amended, Part IA, Section 83, DEPARTMENT OF EMPLOYMENT AND WORKFORCE, page 250, line 11, opposite /Other Operating Expenses/ by decreasing the amount(s) in Column 3 by:

Column 3 Column 4

1,500,000
Amend the bill further, as and if amended, Section 83, DEPARTMENT OF EMPLOYMENT AND WORKFORCE, page 251, line 3, opposite /other operating expenses/ by increasing the amount(s) in Column 3 by:

Rep. BARFIELD proposed the following Amendment No. 10 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\004\school bus pilot.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 343, after line 31, by adding an appropriately numbered paragraph to read:
/ (SDE: Alternative Fuel School Bus Pilot) For the current fiscal year, the State Department of Education or any school district of the state is permitted to enter into an agreement to pilot school buses operated using alternative fuels./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BARFIELD explained the amendment.
The amendment was then adopted.

Reps. BINGHAM, ALLISON, ANTHONY and HAYES proposed the following Amendment No. 13 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\004\pupil counts.docx), which was adopted:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 343, after line 31, by adding an appropriately numbered paragraph to read:/(SDE: Public Charter Pupil Counts) With funds appropriated to the South Carolina Public Charter School District, the district must require each charter school to submit a student attendance report for the 5th, 45th, 90th and 135th days. Reporting requirements shall include both Average Daily Membership and Weighted Pupil Unit membership. The South Carolina Public Charter School District shall then provide the data for each charter school to the Department of Education. Quarterly, the Department will submit the information to the House Ways and Means Committee, the House Education and Public Works Committee, the Senate Finance Committee and the Senate Education Committee. The South Carolina Public Charter School District must also require each virtual charter school to collect the following information: (1) the reason or reasons why each student enrolled in the virtual charter school district; and (2) the reason or reasons why a student withdrew from the virtual charter school district. This data must be provided to the Department of Education quarterly and must include the unique student identifier. The Department, in turn, will provide summary information to the House Ways and Means Committee, the House Education and Public Works Committee, the Senate Finance Committee and the Senate Education Committee on the enrollment and withdrawal information./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BINGHAM explained the amendment.
The amendment was then adopted.

Rep. BINGHAM proposed the following Amendment No. 42 to H 3710 (Doc Name COUNCIL\DKA\3710C003.DKA.SD13.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 343, after line 31, by adding an appropriately numbered paragraph to read:
/1.___(SDE: Transportation Maintenance Facilities) For the current fiscal year, a school district wishing to include school bus maintenance in a contract with a privte vendor may enter into an agreement with the Department of Education whereby the department releases the school district to include school bus maintenance in the private vendor contract./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BINGHAM explained the amendment.
The amendment was then adopted.

Rep. ATWATER proposed the following Amendment No. 43 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\004\instructional services definition.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 343, after line 31, by adding an appropriately numbered paragraph to read:
/ (SDE: Instructional Services) For the current fiscal year, the definition of instruction/instructional services should be comprised of teachers, substitutes, teacher assistants, school based instructional paraprofessionals, pupil use technology, instructional materials, supplies, guidance, media, extracurricular, therapists, psychologists, principals and assistant principals./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ATWATER explained the amendment.

Rep. ATWATER moved to table the amendment, which was agreed to.

Reps. LOFTIS and ERICKSON proposed the following Amendment No. 58 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\004\first steps.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 343, after line 31, by adding an appropriately numbered paragraph to read:
/ (SDE: First Steps) The South Carolina First Steps to School Readiness Board of Trustees Shall Incorporate findings of the Legislative Audit Council within the scope of the First Steps next external evaluation. The report shall be submitted to the General Assembly no later than November 15, 2014. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. LOFTIS explained the amendment.
The amendment was then adopted.

Reps. BINGHAM, ALLISON, ANTHONY and HAYES proposed the following Amendment No. 34 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\004\eia carryforward proviso.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 359, paragraph 1A.36, line 24, by inserting after costs:/, National Board Suppliments /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. BINGHAM explained the amendment.
The amendment was then adopted.

POINT OF ORDER

Rep. NORMAN raised the Point of Order that Proviso 1A.54 was an earmark pursuant to the provisions of House Rule 5.3(F) and had not been presented to the body according to the provisions of the House Rules. He stated that the Proviso required a 2/3 vote of the body present and voting to be included in the Appropriation Bill.
Rep. BINGHAM spoke on the point.
SPEAKER HARRELL sustained the point of order and stated that Proviso 1A.54 must be adopted by a 2/3 vote of the membership present and voting in order to be included in the Appropriation Bill.

Section 1A, Proviso 54 (1A.54)

Rep. BINGHAM explained the Proviso.
Rep. NORMAN spoke against the Proviso.
Rep. BINGHAM spoke in favor of the Proviso.

So, Section 1A, Proviso 54, having received the necessary two-thirds vote, was adopted.

Rep. D. C. MOSS proposed the following Amendment No. 38 (Doc Name h:\legwork\house\amend\h-wm\004\academic enrichment activities.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 365, after line 2, by adding an appropriately numbered paragraph to read:
/ (SDE-EIA: Academic Enrichment Activities) For Fiscal Year 2013-14 school districts may use funds appropriated for High Achieving Students for academic enrichment activities./
Renumber sections to conform.
Amend totals and titles to conform.

During the vote on Section 1A of H. 3710, the General Appropriation Bill, my vote machine malfunctioned and my vote was not recorded. I would like the record to reflect that I would have voted in favor of Section 1A.

I was temporarily out of the Chamber to see the Doctor of the Day and missed the vote on Section 7, John De La Howe School, in H. 3710, the General Appropriation Bill. If I had been present, I would have voted in favor of Section 7.

Rep. LIMEHOUSE proposed the following Amendment No. 8 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\009\che national guard proviso.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 11, COMMISSION ON HIGHER EDUCATION, page 374, After line 34, by adding an appropriately numbered paragraph to read:
/ (CHE: SCNG CAP Carry Forward) Funds appropriated for the South Carolina National Guard College Assistance Program may be carried forward from the prior fiscal year into the current fiscal year and expended for the same purpose. If a mid-year budget reduction is imposed by the General Assembly or the State Budget and Control Board, the appropriations for the program are exempt./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.

Rep. DANING proposed the following Amendment No. 17 to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\001\che study satellite.docx), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 11, COMMISSION ON HIGHER EDUCATION, page 374, after line 34, by adding an appropriately numbered paragraph to read:
/ (CHE: Satellite & Branch Campuses Study) The Commission on Higher Education is directed to study all university systems that have two or four year branch or satellite campuses delineated in the appropriation act with separate agency and section numbers and develop a plan to bring all such campuses within that university system under one central system authority. The study shall include, but not be limited to, identification of cost efficiencies and effectiveness outcomes that would result from such consolidation; current and proposed administrative organizational structure; current and proposed funding decision structure, including an explanation of how decisions are made regarding campus fiscal and physical needs. A report on the findings of the study shall be submitted by February 3, 2014, to the Chairman of the House Education and Public Works Committee, the Chairman of the Senate Education Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee. A link to the report shall also be posted on the Commission on Higher Education and the pertinent university's website./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. DANING explained the amendment.

POINT OF ORDER

Rep. SKELTON raised the Point of Order that Amendment No. 17 to H. 3710 did not have a fiscal impact statement.
SPEAKER HARRELL stated that no rule required the amendment to have an impact statement. He overruled the Point of Order.

POINT OF ORDER

Rep. HERBKERSMAN raised the Point of Order that Amendment No. 17 to H. 3710 was not germane to the budget.
Rep. DANING spoke against the Point.
SPEAKER HARRELL sustained the Point of Order and ruled the amendment out of order.